[HISTORY: Adopted by the Town Board of the
Town of Henrietta 6-2-1982 by L.L. No. 1-1982. Amendments noted where
applicable.]
GENERAL REFERENCES
Alcoholic beverages in parks — See Ch. 187.
A.
The Town of Henrietta by and through its Town Board
and pursuant to the authority vested in the Board by the New York
State Municipal Home Rule Law and other statutes hereby enacts this
chapter for the consumption and drinking of beer and other alcoholic
beverages in public areas and prohibiting the possession with intent
to consume of any open bottle or container containing beer and other
alcoholic beverages in public areas within the town limits of the
Town of Henrietta.
[Amended 6-20-2001 by L.L. No. 3-2001]
B.
The Town Board of the Town of Henrietta finds that
the uncontrolled consumption and drinking of beer and other alcoholic
beverages in public areas is detrimental to the good order, protection,
health, safety and well-being of its residents and tends to create
unsightly and unsanitary conditions and creates a nuisance.
[Added 6-20-2001 by L.L. No. 3-2001]
As used in this chapter, the following terms
shall have the meanings indicated:
Drinking from the container, with alcohol on the breath of
the possessor and/or any circumstances evidencing an intent to ultimately
consume on any public lands.
A container with the contents exposed to the atmosphere or
the seal thereof broken.
[Amended 6-20-2001 by L.L. No. 3-2001]
No person shall have in his possession with
intent to consume an open bottle or container containing liquor, beer,
wine or other alcoholic beverages while such person is on any sidewalk,
public highway, public street or public parking area, and, in addition
to the foregoing areas, "public place" shall also mean a place to
which the public or a substantial group of persons has access and
includes, but is not limited to, highways, transportation facilities,
schools, places of amusement, parks, playgrounds, shopping centers
and parking lots in connection therewith and except those premises
duly licensed for the sale and consumption of alcoholic beverages
on the premises.[1]
[1]
Editor's Note: Former § 3, Possession
in vehicles, which immediately followed this section, was deleted
6-20-2001 by L.L. No. 3-2001.
No person shall leave a bottle in any area provided
hereinabove other than in a receptacle specifically designated for
the deposit of trash.
[Amended 6-20-2001 by L.L. No. 3-2001; 9-27-2023 by L.L. No. 9-2023]
Failure to comply with this chapter shall constitute
a violation, and, upon conviction thereof, shall be subject to a fine
in the minimum amount of $100, up to a maximum amount of $250.
This chapter shall be enforced by the Monroe
County Sheriff's Department and the New York State Police Department.
